Can I Be Fired If My Short Term Disability Is Denied?
Are you unable to work due to medical conditions? Does your employer offer Short Term disability benefits (“STD”)? You may even be asking: can I be fired if my short-term disability is denied? In this article, we talk about STD and how it works, and answer some of your most common questions. We want to ensure you know your options.
What is Short Term Disability?
Short Term Disability is a benefit available through your employers’ group benefits policy. The income replacement benefit is intended to cover you for a “short” period of time if you’re unwell and unable to work. STD benefits can range from 8 weeks to 6 months (and even beyond).
Who qualifies for Short Term Disability?
If you suffer from an injury or illness that prevents you from working, you may qualify for STD. Your symptoms could be physical, mental or a combination of both. For example, if you’ve injured or broken a bone outside of work, you’ll likely qualify for STD. You may also qualify if mental health issues are stopping you from completing your job duties.
Why would people typically apply?
STD applications are typically made if a person is suffering from an illness or injury that stops them from completing the essential duties of their occupation. The illness or injury could be acute or is sometimes chronic in nature.
If your symptoms fall into any of the following examples, you may want to consider making an application for STD:
- Flare up of chronic back issues,
- Difficulty concentrating and/or sleeping,
- Issues with anxiety and depression,
- Broken or fractured bones,
- Cancer diagnosis,
- Issues with arthritis, and
- Fibromyalgia
The above isn’t an exhaustive list, but are common reasons why a person may consider applying for STD.
Common reasons Short Term Disability may get denied?
An insurance company is responsible for reviewing your STD application and making a determination that should be based on all information provided in your claim. The insurer is responsible for reviewing all medical documents on file, getting information from you about your restrictions and limitations and will either approve or deny your STD claim.
Insurers may deny your claim, indicating the medical information on file doesn’t support a finding that you suffered an illness or injury as defined within the STD policy. Insurers are notorious for cherry picking medical information or will misconstrue information you have provided them with to support a denial of your claim.
Can you be fired if your STD claim is denied?
If you have asked yourself: Can I be fired if my short-term disability is denied? The answer is No, but your employer may try. If your STD claim is denied, the insurer will inform your employer of your denial. This will trigger your employer to reach out to you and ask when you will be returning to work. Your employer may even say your current medical leave is “unsubstantiated” or you’ve “abandoned” your position if you do not return by a certain date. Don’t be misguided by these empty threats. Approved and supported medical leaves are protected under the Ontario Human Rights Code (“OHRC”). Don’t be pressured to return to work if you aren’t medically fit. Your employer isn’t allowed to fire you if you are on an approved medical leave as it is a violation of your rights.
Your employer has a duty to respect your medical restrictions and reasonably accommodate you if and when you are ready to return to work.
If you’ve been terminated after taking a sick leave, it’s time to speak to a lawyer.
How can a disability lawyer help you?
It is stressful if you’re unwell, dealing with an insurance company, your employer, and trying to keep up with medical appointments. It’s important to have a knowledgeable lawyer on your side to help you navigate through this difficult time.
If you are considering a claim for STD, applied and been denied, or your employer is trying to force you back to work, you most likely need the help of a disability lawyer. The disability lawyers at Whitten & Lublin are here to help you take back control of your rights. We offer a free consultation for short and long-term disability claims. Contact us online or call 416 640 2667.
Author – Aman Chaggar